45Power to require repayment and impose penalty

45 Power to require repayment and impose penalty

(1)  The Commissioner may, by written notice, require an applicant, or former applicant, to repay an amount paid on the application under this Act if –

(a) the amount was paid in error; or

(b) the Commissioner varies or reverses the decision, under which the amount was paid, in accordance with section 28 ; or

(c) the Commissioner requires the amount to be repaid as the result of a variation notified under section 41 in respect of the application.

(2)  The Commissioner, in a written notice under subsection (1) , may impose a penalty not exceeding the amount the applicant, or former applicant, is required to repay under subsection (1) if –

(a) the applicant or former applicant contravenes section 41 or 42 in respect of the application; and

(b) as a result of the contravention, a grant is paid or payable under the application.

(3)  If an applicant, or former applicant, for a grant under this Act fails to make a repayment required under this section or the conditions of the grant, the Commissioner may, by written notice, impose a penalty not exceeding the amount the applicant or former applicant is required to repay under this section.

(4)  If an amount is paid in error, on an application under this Act, to a third party, the Commissioner may, by written notice, require the third party to repay the amount to the Commissioner.